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Cases of Interest From the U.S. Supreme Court's 1997-98 Term
Loaded on Sept. 15, 1998
published in Prison Legal News
September, 1998, page 3
Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. The underlying case involved a defendant convicted of taking $357,144 out …
Filed under:
Prosecutor/Attorney General Misconduct,
Damages,
Settlements,
Parole,
Habeas Corpus,
Wrongful Imprisonment,
Forfeiture,
Immunity/Liability,
Prosecutorial Immunity.
Locations:
California,
Pennsylvania,
Washington.
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More from this issue:
- U.S. Supreme Court Rules That ADA Applies to Prisoners, by Paul Wright
- U.S. Supreme Court Reverses Reed
- Zero Tolerance Drug Policy in New Jersey
- Cases of Interest From the U.S. Supreme Court's 1997-98 Term
- Allan Ellis' Federal Prison Guidebook, by Paul Wright
- From the Editor, by Paul Wright
- The Razor Wire, by Paul Wright
- Briefs of Leading Cases in Corrections, by Paul Wright
- Cigarette Health Hazards, by Paul Wright
- Connecticut Prisoner Rights, by Paul Wright
- An End to Silence, by Paul Wright
- Criminal Law, by Paul Wright
- Pro Se Tips and Tactics, by John Midgley
- Critical Resistance Conference
- Struggling Against the Death Machine, by Dan Pens
- Whitewash in Greene County, by Mumia Abu-Jamal
- Fee Payment Orders Not Immediately Appealable
- Administrative Exhaustion
- CA Death Row Decree Ended
- Three Strikes Doesn't Apply to Pending Cases
- Sixth Circuit Requires Administrative Exhaustion
- Court Refunds PLRA Deferred Fee Overpayment
- Administrative Exhaustion Still Required
- ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled
- ADA Roundup
- ADA and RA Suits Not Barred by 11th Amendment
- ADA Applied to AR Jail
- CA ADA/RA Injunction Affirmed
- ADA Applies to State Prisons
- Illinois Suing Prisoners for Cost of Incarceration
- California Guard Gets Prison in Child Molester Attacks, by Willie Wisely
- Tennessee Prison Privatization Bill Fails to Pass, by Alex Friedmann
- MI Prison "Fee" Law Preempted by ERISA
- Bivens Action is Not Time Barred When in Compliance With Rule 3
- Kansas Prisoners Entitled to Notice of Prison Rules
- Two Year Limitations on Illinois § 1983 Suits
- Dismissal for Incompetent Appointed Lawyer Reversed
- $13,501 Jury Award in Seg Case Affirmed; New Trial Denied
- Publications Lawsuit Settled in Alabama, by Cayce Moore
- Strip Searched Massachusetts Women Settle Suit for $80,000
- AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings
- Washington Felon Voting Suit Proceeds
- No Immunity for Abestos Exposure; Toxic Water Claim Remanded
- News in Brief
- Legislative Immunity For Local Jail Budget Votes
- $1,000 Awarded in Denial of Dental Care in TX
More from these topics:
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026. Parole, Equal Protection Clause/Claims, Juvenile Offenses/Offenders, Credits, Prison Regulations.
- $112,500 Paid to Former New Mexico Prisoner Denied Public Records of Excessive Force by Guards, June 1, 2026. DOC/BOP misconduct, Guard Brutality/Beatings, Settlements, Public Records Act, False Imprisonment.
- Settlement Reached in Mental Health Care Class-Action at San Diego County Jails, June 1, 2026. Settlements, Failure to Treat (Mental Illness), Class Actions, Administrative Detention/Segregation, Inadequate Health Care Facilities.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Washington State Supreme Court Ruling Supports Broad Immunity in Overdose Cases, June 1, 2026. Drug Overdose, Failure to Protect (General), Defenses, Immunity/Liability, Failure to Protect (Wrongful Death).
- Pepper Spraying Incident Prompts Policy Change at Washington Women’s Prison, June 1, 2026. Guard Misconduct, Pepper Spray/Tear Gas, Settlements, Staff Training, Cruel and Unusual Punishment.
- Sixth Circuit Rules Prisoner Held After Parole Board Ordered Release on Parole Could Not State a Rights Violation Claim, June 1, 2026. Parole, Overdetention, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Arkansas Supreme Court Bows to Governor’s Board of Correction Takeover, June 1, 2026. Government Misconduct, Cost of Prison Systems, Settlements, State Legislation, Authority and Jurisdiction.

